A Practical Guide to Costs When Dealing With Self-Represented Litigants
- Condominium Group
- Dec 30, 2007
- 2 min read
A Practical Guide to Costs When Dealing With Self-Represented Litigants
December 31, 2007
In 2013 Dr. Julie Macfarlane of the University of Windsor Law School released a study on the experiences of self-represented litigants in Ontario, Alberta and British Columbia. Dr. Macfarlane found that in Ontario, 64% of family law litigants were self-represented. In civil actions, a 1999 study found that self-represented litigants outnumbered represented litigants by 1.6 to 1.1 Dr. Macfarlane comments that that gap has certainly increased in the intervening period. In her sample, 53% of self-represented litigants had started their lawsuits with lawyers, but could not afford to continue. Only about 10% of her sample expressed confidence in their ability to self-represent from the outset of the litigation.
Self-represented litigants are now a major player in our court system; no matter your year of call, you will encounter them at some point during your time at the Bar.
Self-represented litigants are not familiar with the Rules. They make many requests for documents, request adjournments and deliver voluminous materials, all of which can be costly. Whether you are at the beginning of the litigation, or have won or lost a motion or at trial, you will want to consider the following when dealing with costs against or for a self-represented litigant:
Who is the self-represented litigant?
What purpose will costs serve in your particular case?
The quantum and prospect of recovery if you are successful.
The quantum recoverable by a successful self-represented party.
Who is the self-represented litigant?
Courts have viewed self-represented litigants not as a large, amorphous group, but as individual parties with specific interests and needs.
This is an excerpt from an article for the Ontario Bar Association, oba.org.
